HUFF v. DUNAWAY

No. 6219.

314 P.2d 722 (1957)

63 N.M. 121

Andy HUFF, Plaintiff-Appellant, v. M. . DUNAWAY, d/b/a Dunaway Rig and Transportation Company, Defendant-Appellee, Black, Sivalls & Bryson, Inc., Paintiff-in-Intervention, Appellant.

Supreme Court of New Mexico.

August 26, 1957.


Attorney(s) appearing for the Case

William J. Heck, Hobbs, for plaintiff-appellant.

Kermit Nash, Hobbs, for intervenor-appellant.

C.M. Neal, Hobbs, for appellee.


SADLER, Justice.

The question for decision is whether the plaintiff-appellant, a regular employee of intervenor-appellant, at the time of the injury complained of, was injured through the negligence of a fellow servant and co-employee working under the supervision, control and for the benefit of plaintiff's employer, the intervenor, at the moment of his injury; or, was the injury occasioned by the negligence of an agent and employee of a defendant whose relationship...

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